Not So Fast on Mahdawi’s Anticipated Deportation

In a welcome remonstration of federal judges in Vermont, the Second Circuit appeals court has unanimously ruled that Congress meant what it said in stripping those judges of jurisdiction to intervene in removal proceedings. Contrary to some celebratory commentary from Trump supporters, however, the ruling does not assure that the Columbia student at the center of the case, Mohsen Mahdawi, will be deported.

Mahdawi’s removal hinges on a profound constitutional question that was not before the Second Circuit, to wit: May an alien lawfully present in the United States be removed over what would be First Amendment-protected conduct if engaged in by an American, based on the Secretary of State’s judgment that the alien’s presence is detrimental to American foreign policy?

In a welcome remonstration of federal judges in Vermont, the Second Circuit appeals court has unanimously ruled that Congress meant what it said in stripping those judges of jurisdiction to intervene in removal proceedings. Contrary to some celebratory commentary from Trump supporters, however, the ruling does not assure that the Columbia student at the center of the case, Mohsen Mahdawi, will be deported.

Mahdawi’s removal hinges on a profound constitutional question that was not before the Second Circuit, to wit: May an alien lawfully present in the United States be removed over what would be First Amendment-protected conduct if engaged in by an American, based on the Secretary of State’s judgment that the alien’s presence is detrimental to American foreign policy?

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.